Court File and Parties

COURT FILE NO.: CV-12-445032

DATE: 2019-10-01

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Vito Auciello, Plaintiff

AND:

3877337 Canada Inc. and Home Trust Company, Defendants

BEFORE: C.J. Brown J.

COUNSEL: Plaintiff representing himself

Ron Aisenberg, representing the defendant, 3877337 Canada Inc.

Amanda Jackson, representing the defendant, Home Trust Company

HEARD: In-Writing

ENDORSEMENT

[1] The defendants, 3877337 Canada Inc. and Home Trust Company, brought a motion for summary judgment as against the plaintiff, Vito Auciello. They sought an order dismissing the action as against them, which was granted.

[2] The plaintiff had commenced an action as against these defendants on January 27, 2012 for damages in the amount of $100,000 for breach of contract, bad faith, intentional and unlawful interference with economic relations, breach of duty of good faith, irreparable harm to business reputation, loss of business and loss of business opportunity; $50,000 for mental and emotional distress; and $25,000 for aggravated and punitive damages against each defendant.

[3] Summary judgment was granted and the motion dismissed pursuant to my decision released April 29, 2017.

[4] The responding parties, Home Trust and HLC, which were wholly successful on the summary judgment motion each seek costs on a partial indemnity basis.

[5] The defendant, 3877337 Canada Inc., is a subsidiary of CIBC carrying on business as Home Loans Canada ("HLC"), a mortgage broker that arranges mortgages on behalf of clients with financial institutions other than CIBC.

[6] The defendants, 3877337 Canada Inc. and Home Trust seek their costs of the action and motion on a partial indemnity basis. They advise that no cost endorsement has been issued in this action, although they had forwarded to the Court their written submissions for costs shortly after the decision was rendered.

[7] I have indicated to the parties that this was an oversight and that I would provide them with my cost decision which I do herein.

[8] Mr. Auciello was requested to provide any submissions, but has not, to date, provided any.

[9] Costs are generally awarded to the successful party or parties. They are intended to compensate the successful party or parties, in part or wholly, for the costs of the motion. In this case, there is no reason to deviate from this general principle.

[10] Costs are in the discretion of the Court, taking into account the factors to be considered pursuant to Rule 57.01. In awarding costs in this case, I have considered these factors.

[11] The plaintiff, Mr. Auciello, had originally sought $175,000 from the defendants. Summary judgment was granted and his action dismissed.

[12] There were some complex and overlapping issues.

[13] Mr. Auciello’s conduct throughout vis-à-vis the defendants tended to lengthen the proceeding, and included some steps which could be considered unnecessary.

[14] I am satisfied that the defendants are entitled to their costs on a partial indemnity basis.

[15] Having reviewed their costs outlines, I award the following costs, payable by the plaintiff to the defendants, forthwith:

(a) To 3877337 Canada Inc., costs and disbursements of $20,741, plus HST on fees and taxable disbursements for a total of $23,420.82 all-inclusive;

(b) To Home Trust Company, fees, disbursements and HST on fees and taxable disbursements in the total amount of $24,743.22.

C.J. Brown J.

Date: October 1, 2019